Bylaw Changes to the HOA ALERT

Posted in: Madison Park

Bylaws for the HOA per the current bylaws state are to be made over 2 meetings.  After reading the Sept. 2018 minutes for the HOA it states the vote did not happen at the Sept. meeting due to circumstance beyond Doulgas Welton's control.   Per the bylaws any changes are to be made by 1st reading the bylaws and changes at a public regular or special meeting.  Then the HOA must attempt to notify all members of changes.   Then at the next regular or special meeting the bylaws are to be read again and voted on by members.    This clearly implies 2 consecutive meetings by the use of the word NEXT, which I can attest is the way any minor changes were handled in the history of the HOA.  

 

You can read the original bylaws on this site under pages and documents.   

Madison Park HOA Bylaws      This can be found under Join Madison Park HOA Heading under pages and documents.  

Note that it says in Article 11 under Amendments to bylaws Section 1 the directors can't make changes as to the powers of the members, directors, or to actions of the members. 

 

If  HOA wishes to not follow the bylaws they would need to dissolve and provide any monies to the Red Cross and start over.  . This also is spelled out in the bylaws as to where funds are to go.    

 

Bylaws are in place for a reason!  

I understand the vote did not happen after all at the HOA meeting.  

 

Apparently a special meeting of some type is being called for the 29th of Oct.  Paid members are being mailed a letter with details.  I heard from a couple of residents that attended the meeting and were confused about it.   That is good because any meetings like that require at least a 7 day notice and no more than 21 days.  

 

The bylaws state any amendments are to be done over two meetings.   At one meeting you read the changes to the bylaws.    Then the HOA must make every attempt to contact members of the changes.   Then at the next meeting either regular or special the changes must be read again and a vote of the members taken.   

 

It is my understanding there was NO reading of the bylaw changes at the Monday meeting on 10/8/18 at Pinewood Elementary School     That means No vote should happen at the special meeting since bylaws state and clearly imply that any bylaws changes must be done over 2 meetings.   Read at one and make every attempt to notify members, and then at NEXT meeting (special or regular read again and a vote held).    If there is a planned vote at the special meeting on 10/29/18 then it would of required a reading of bylaws at the Oct. HOA meeting.     Reading the bylaw changes in August 2018 and then not voting in Sept. forces the process to start over.  They actually did something very similar in fall of 2016. Stating they were voting in Jan. 2017 to change the bylaws and for whatever reason that did not happen.   In the summer of 2015 the HOA was in the same boat my last year on the board.   There was a review and talk, but no vote ever came.    

 

Technically they could do the reading at the Special meeting and then hold votes in November.   If that is the case the notification is backwards to members.   

 

Current HOA has done a very poor job of following bylaws since at least 2015.  

No elections one year, board members serving past their term limits, board members that served more than the 1 year they were elected, etc.  

 

Remember the HOA has no legal authority to make any changes as to the powers of  the members, powers of directors / officers, or to actions of members.   Why is this the Bylaws clearly state this is the case.   Any such changes would not be valid under the original bylaws.  Vote or no Vote.  

 

Not to mention that the official HOA web site states they do four events every year.

Egg Hunt, Trunk or Treat, Holiday Social, and Pinewood Community Fall Festival.   

2016 No Trunk or Treat,  2018 they are letting Ruth Tansill Secretary host her Food Truck / Trunk or Treat, but the HOA is not supporting her event in any way.   This after Ruth apparently told them since like around Feb. 2018 that she would take care of the Trunk or Treat event with intentions to do this for the HOA.   It has been mentioned in your minutes several times.   No Holiday Social in 2017 outside their monthly booze get together, and pretty certain there is no Pinewood Community Fall Festival the last couple of years.   Finally after years of not doing Park clean ups there is one scheduled this month.   They have neglected the Adopt A Streets for the last 2 years.    If it wasn't for Joesph Delorm's work on Tyvola every single week that street would look like a garbage dump.   Maybe they think since his wife Jennifer is on the board that counts as the HOA.   Well it doesn't count.   We never had great turn out on Adopt A Street Clean ups, but at least 9 to 15 folks is better than 1 man having to do it by himself.    I do try to stay on top of signs illegally placed and will yank those pretty much anytime I see them on both Seneca Place and Tyvola both HOA Adopt A Streets.   . 

 

So I have to ask what does the HOA do with our money?  What are they doing for the comjuinty?   I understand they really were considering not even doing the treebanding this year.  I heard that from more than one person in the loop.   Glad they didn't shuck that responsibility since it really requires very little effort on their part, and cost them virtually nothing but a little time.   Treebanding is one of the very few grants the HOA can even do now.   Reason the income level is to high now to apply for grants.  

 

Election time is coming soon for the HOA.  Hopefully they will get some fresh blood to go with board members that were added last year that are now in the middle of their 2 year terms.      

Remember the HOA belongs to the neighborhood and not the Board Members.  Insist that the current board follow our bylaws in all aspects including making amendments.   Be aware of any changes, as exactly what those changes do to the bylaws and the opearations of our HOA.   The curent bylaws have served the commuity just fine for nearly 20 full years.      

Be sure to pay attention with what your Madison Park HOA is trying to do with the Bylaws.    Make them follow the rules for bylaws changes.  If they fail to follow they are not going to be a legal change.    This current HOA board has already shown a disregard in recent years with our bylaws.    They are not their bylaws to ignore.   

 

They govern the way our HOA is to operate per the bylaws when they were voted on and accepted by the community nearly 2 decades ago.   Our current bylaws are registered with the state of NC and filed with the IRS.   

Advertise Here!

Promote Your Business or Product for $10/mo

istockphoto_2518034-hot-pizza.jpg

For just $10/mo you can promote your business or product directly to nearby residents. Buy 12 months and save 50%!

Buynow